Lindsey Halligan was never confirmed by the Senate and the judge who dismissed the DOJ cases Monday against former FBI director James Comey and Letitia James found the DOJ's appointment of her was invalid.

Senior U.S. District Judge Cameron McGowan Currie wrote in an opinion that Halligan's appointment violated the appointments clause of the U.S. Constitution and that her actions, including signing Comey's indictment, "were unlawful exercises of executive power and are hereby set aside."

"On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms. Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. with making false statements to Congress and obstructing a congressional proceeding," according to the opinion from McGowan Currie.

Comey had filed a motion to dismiss the indictment.

“I agree with Mr. Comey that the attorney general’s attempt to install Ms. Halligan as interim U.S. attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice," McGowan Currie wrote.